How Much Is My Drunk Driving Accident Claim Worth?

July 3, 2022
head-on collision

If you were struck by a drunk driver, you’re probably wondering whether taking action will be worth it. You’ve already been through enough of an ordeal, after all, that filing a claim may seem like too much hassle unless you know it’s going to pay off.

While there’s no way to know a claim’s outcome with 100 percent accuracy—the proceedings are, after all, inherently unpredictable—there are factors a lawyer can evaluate to determine how likely it is to yield a payout.

Based on your attorney’s assessment, you can then decide if you want to move forward with the action. Let’s take a look at the kinds of variables that will have the biggest impact on the potential value of your claim:

1. The Severity of Your Injuries

Generally speaking, more serious injuries cost more to rehabilitate. As such, the severity of your condition is going to influence the amount of compensation that might be available to you.

It’s also worth noting that lost income, including missed wages and reduced earning capacity, are considered recoverable damages. Consequently, you can expect to seek additional funds if your injuries are so severe that they keep you out of work.

2. The Role You Played in the Wreck

In its handling of tort actions, South Carolina follows a modified comparative fault rule. That means the plaintiff’s own negligence cannot outweigh that of the defendant, or they’re barred from securing any compensation.

When it comes to drunk driving accidents, the victims are rarely ever deemed more negligent than the impaired motorists. Even if they were speeding prior to the crash, for example, they can usually make the case that the drunk driver shoulders more of the responsibility. If you have any concerns about the role you played, consult an attorney.

3. The Cost of Any Reasonable & Necessary Replacement Services

If you need a little extra help with day-to-day tasks in the wake of the crash, you can include the cost of any associated services in your damages claim. Such services might include alternative transportation, meal preparation, child care, pet care, and housekeeping. Naturally, the type of service in question and the duration for which you need it will influence the value of your claim.

4. The Applicable Coverage Available

Unfortunately, regardless of the extent of the damages, the total compensation you end up recovering may be capped by the drunk driver’s available insurance coverage. This is why it’s so important to identify all those who contributed to the crash. The more people whom you can hold liable, the more combined coverage there is to draw upon when the time comes.

Speak with a South Carolina Drunk Driving Accident Attorney

Was your life forever changed because someone decided to get behind the wheel while under the influence of alcohol? For help seeking justice, turn to Hodge & Langley Law Firm.

Our compassionate team is backed by more than 50 years of collective experience in the legal field. To schedule a free initial consultation with a drunk driving accident lawyer in South Carolina, call 864-585-3873 or complete the Contact Form on our website.



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